[EL] State law definitions of express advocacy
Edward Still
still at votelaw.com
Thu Oct 18 12:12:33 PDT 2012
Here's go my little bit toward crowd-sourcing an answer.
Alabama amended it Fair Campaign Practices Act to add references to
electioneering communications in 2011. The following was added to §
17-5-2(a):
(4) ELECTIONEERING COMMUNICATION. Any communication disseminated through
any federally regulated broadcast media, any mailing, or other
distribution, electronic communication, phone bank, or publication which
(i) contains the name or image of a candidate; (ii) is made within 120 days
of an election in which the candidate will appear on the ballot; (iii) the
only reasonable conclusion to be drawn from the presentation and content of
the communication is that it is intended to influence the outcome of an
election; and (iv) entails an expenditure in excess of one thousand dollars
($1,000).
Edward Still
Edward Still Law Firm LLC
130 Wildwood Parkway, Suite 108, PMB 304
Birmingham AL 35209
205-320-2882 (voice & fax)
still at votelaw.com
www.votelaw.com/blog
www.edwardstill.com
www.linkedin.com/in/edwardstill <http://www.linkedin.com/in/edwardstill>
On Thu, Oct 18, 2012 at 8:48 AM, Roy Schotland
<schotlan at law.georgetown.edu>wrote:
> Blessings on Eric Lycan for pursuing this. Caveat false leads-- e.g.
> Maryland adopted a splendid statute ... and two weeks later amended to
> restore "magic words"; the amendment is often missed.
> His question is The Key, I believe, to the most-needed, most
> self-defeatingly ignored, realm of *state* disclosure law.
>
> ------------------------------
> *From:* law-election-bounces at department-lists.uci.edu on behalf of Eric
> Lycan
> *Sent:* Thu 10/18/2012 9:01 AM
> *To:* law-election at UCI.edu
> *Subject:* [EL] State law definitions of express advocacy
>
> *Does anyone have or know of a reference/list/chart for which states
> (such as Kentucky) continue to use the Buckley definition of express
> advocacy, and those that have adopted a WRTL II
> no-reasonable-interpretation-other-than definition?*
>
> **
>
> *Thank you.*
>
> **
>
> **
>
> *D. Eric Lycan*
> Steptoe & Johnson PLLC
> 2525 Harrodsburg Road, Suite 300
>
> Lexington, KY 40504
> O: 859-219-8213 F: 304-933-8715 C: 859-621-8888
> *Eric.Lycan at Steptoe-Johnson.com*
> www.steptoe-johnson.com
>
> Twitter:* @KYcampaignlaw*
>
> ------------------------------
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